Alaska 2023-2024 Regular Session

Alaska Senate Bill SB175 Compare Versions

Only one version of the bill is available at this time.

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11	11	SENATE BILL NO. 175
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13	13	IN THE LEGISLATURE OF THE STATE OF ALASKA
14	14
15	15	THIRTY-THIRD LEGISLATURE - SECOND SESSION
16	16
17	17	BY SENATOR TOBIN
18	18
19	19	Introduced: 1/16/24
20	20	Referred: Prefiled
21	21
22	22
23	23	A BILL
24	24
25	25	FOR AN ACT ENTITLED
26	26
27	27	"An Act relating to an electronic product stewardship program; relating to collection, 1
28	28	recycling, and disposal of electronic equipment; establishing the electronics recycling 2
29	29	advisory council; and providing for an effective date." 3
30	30	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 4
31	31	* Section 1. The uncodified law of the State of Alaska is amended by adding a new section 5
32	32	to read: 6
33	33	LEGISLATIVE FINDINGS AND INTENT. The activities authorized by 7
34	34	AS 46.06.200 - 46.06.290, added by sec. 12 of this Act, require collaboration among 8
35	35	manufacturers, manufacturer clearinghouses, and other entities that perform activities directly 9
36	36	related to manufacturer e-scrap programs. These activities will enable collection, recycling, 10
37	37	and disposal of covered electronic devices in a safe and effective manner, which is in the best 11
38	38	interest of the public. The benefits of collaboration, together with the active state supervision 12
39	39	provided by the Department of Environmental Conservation under AS 46.06.200 - 46.06.290, 13
40	40	outweigh potential adverse effects. Therefore, the legislature intends to provide immunity 14 33-LS1018\B
41	41	SB 175 -2- SB0175A
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44	44	through the state action doctrine from federal antitrust laws for participating in manufacturer 1
45	45	e-scrap programs as required by AS 46.06.200 - 46.06.290. 2
46	46	* Sec. 2. AS 29.10.200 is amended by adding a new paragraph to read: 3
47	47	(68) AS 29.35.142 (electronic device recycling). 4
48	48	* Sec. 3. AS 29.35 is amended by adding a new section to read: 5
49	49	Sec. 29.35.142. Regulation of electronic device recycling. (a) The authority 6
50	50	to regulate electronics recycling is reserved to the state, and, except as specifically 7
51	51	provided by statute, a municipality may not enact or enforce an ordinance governing 8
52	52	electronics recycling, including the collection or recycling of covered electronic 9
53	53	devices and eligible electronic devices under AS 46.06.200 - 46.06.290. 10
54	54	(b) This section applies to home rule and general law municipalities. 11
55	55	* Sec. 4. AS 45.50.572(b) is amended to read: 12
56	56	(b) AS 45.50.562 - 45.50.596 do not forbid actions or arrangements authorized 13
57	57	or regulated under the laws of the United States that exempt these actions or 14
58	58	arrangements from application of the antitrust laws of the United States or under the 15
59	59	following statutes of this state: 16
60	60	(1) AS 06.05.235 and 06.05.570; 17
61	61	(2) AS 10.15; [AND] 18
62	62	(3) AS 31.05.110; and 19
63	63	(4) AS 46.06.200 - 46.06.290. 20
64	64	* Sec. 5. AS 46.06.010 is amended to read: 21
65	65	Sec. 46.06.010. Powers of the department. The department shall 22
66	66	(1) serve as the coordinating agency among public and private 23
67	67	organizations in the state that are involved in the control, reduction, and recycling of 24
68	68	litter; 25
69	69	(2) assist local governments in the adoption and amendment of 26
70	70	ordinances relating to the control, reduction, and recycling of litter; 27
71	71	(3) promote voluntary local programs and information campaigns that 28
72	72	encourage the public to refrain from littering and to participate in efforts to clean up 29
73	73	and recycle litter; 30
74	74	(4) inform the public of, and encourage the public to comply with, the 31 33-LS1018\B
75	75	SB0175A -3- SB 175
76	76	New Text Underlined [DELETED TEXT BRACKETED]
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78	78	provisions of AS 46.06.010 - 46.06.150 [THIS CHAPTER] and regulations adopted 1
79	79	under AS 46.06.010 - 46.06.150 [THIS CHAPTER]; 2
80	80	(5) encourage federal, state, and local agencies to assist programs for 3
81	81	the recycling of litter by allowing the use of publicly owned land, buildings, or 4
82	82	equipment for those programs whenever possible; 5
83	83	(6) apply for, receive, and expend grants, loans, and other monetary 6
84	84	and nonmonetary assistance for use in programs established under AS 46.06.010 - 7
85	85	46.06.150 [THIS CHAPTER]; 8
86	86	(7) determine the types of materials or energy that may be profitably 9
87	87	recovered from litter, and adopt regulations under AS 44.62 (Administrative 10
88	88	Procedure Act) that require the recovery of the materials or energy; 11
89	89	(8) adopt other regulations under AS 44.62 (Administrative Procedure 12
90	90	Act) necessary to implement AS 46.06.010 - 46.06.150 [THIS CHAPTER]. 13
91	91	* Sec. 6. AS 46.06.031(c) is amended to read: 14
92	92	(c) This section does not diminish the responsibility of a person to comply 15
93	93	with AS 46.06.010 - 46.06.150 [THIS CHAPTER], AS 46.03, AS 46.04, or AS 46.09. 16
94	94	* Sec. 7. AS 46.06.100 is amended to read: 17
95	95	Sec. 46.06.100. Notice to public. The penalties imposed for littering shall be 18
96	96	posted along the public highways of the state, at visitor centers, at entrances to state 19
97	97	parks and recreational areas, at public beaches, and at other publicly owned public 20
98	98	places the commissioner determines necessary to accomplish the purposes of 21
99	99	AS 46.06.010 - 46.06.150 [THIS CHAPTER]. The state agency or municipality 22
100	100	responsible for litter removal from a public place shall post the notice required by this 23
101	101	section. 24
102	102	* Sec. 8. AS 46.06.110 is amended to read: 25
103	103	Sec. 46.06.110. Enforcement authority. (a) The following persons are 26
104	104	authorized to enforce the provisions of AS 46.06.010 - 46.06.150 [THIS CHAPTER]: 27
105	105	(1) a state employee authorized by the commissioner; and 28
106	106	(2) a peace officer. 29
107	107	(b) The department shall prescribe a citation form, which shall be used by all 30
108	108	peace officers and persons in the state who are authorized to enforce the provisions of 31 33-LS1018\B
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112	112	AS 46.06.010 - 46.06.150 [THIS CHAPTER]. The citation form must meet the 1
113	113	requirements of AS 12.25.175 - 12.25.230. 2
114	114	* Sec. 9. AS 46.06.120 is amended to read: 3
115	115	Sec. 46.06.120. Grants. The department may make grants to state agencies, to 4
116	116	municipalities, and to private organizations including nonprofit organizations for the 5
117	117	establishment and operation of programs authorized under AS 46.06.010 - 46.06.150 6
118	118	[THIS CHAPTER]. A grant under this section may not exceed 18 months. A program 7
119	119	qualifying for a grant under this section may include 8
120	120	(1) courses of instruction at, or the distribution of informative 9
121	121	materials to, elementary and secondary schools; 10
122	122	(2) purchase and erection of roadside signs; 11
123	123	(3) organization and operation of litter removal activities conducted by 12
124	124	municipalities, private organizations or, service groups using volunteer help; 13
125	125	(4) a public information program to inform the public concerning the 14
126	126	reduction of litter using the media including use of the electronic media; 15
127	127	(5) expansion of existing, and planning, design, and construction of 16
128	128	new, facilities for the recovery of materials and energy from litter; 17
129	129	(6) research and evaluation of markets for the materials and energy 18
130	130	recovered from litter; 19
131	131	(7) advice and assistance, including information and consultation on 20
132	132	available technology, operating procedures, organizational arrangements, markets for 21
133	133	materials or energy obtained from litter, transportation alternatives, and publicity 22
134	134	techniques; 23
135	135	(8) surveys by public agencies or recognized research organizations to 24
136	136	assess the amount and composition of litter [,] and rates of littering; 25
137	137	(9) the purchase of litter receptacles; 26
138	138	(10) the creation or expansion of litter law enforcement programs; 27
139	139	(11) the initial purchase or lease of recycling equipment, the cost of 28
140	140	operating that equipment, and the cost of storing and transporting materials before and 29
141	141	after those materials are recycled. 30
142	142	* Sec. 10. AS 46.06.130(a) is amended to read: 31 33-LS1018\B
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146	146	(a) The department shall adopt regulations under AS 44.62 (Administrative 1
147	147	Procedure Act) that establish 2
148	148	(1) eligibility requirements for applicants for a grant under 3
149	149	AS 46.06.120; 4
150	150	(2) standards for the evaluation of proposals submitted by applicants 5
151	151	for grants under AS 46.06.120; and 6
152	152	(3) other conditions for the receipt of a grant under AS 46.06.120 that 7
153	153	are necessary to achieve the purposes of AS 46.06.010 - 46.06.150 [THIS 8
154	154	CHAPTER]. 9
155	155	* Sec. 11. AS 46.06.140 is amended to read: 10
156	156	Sec. 46.06.140. Federal requirements. If a federal department or agency 11
157	157	issues a formal ruling that a section of AS 46.06.010 - 46.06.150 [THIS CHAPTER] 12
158	158	will prevent the state from receiving federal financial participation in a program or 13
159	159	activity established under AS 46.06.010 - 46.06.150 [THIS CHAPTER], the section 14
160	160	does not apply to the extent that it causes the program or activity to lose federal 15
161	161	funding. 16
162	162	* Sec. 12. AS 46.06.150 is amended to read: 17
163	163	Sec. 46.06.150. Definitions. In AS 46.06.010 - 46.06.150 [THIS CHAPTER], 18
164	164	(1) "beverage container" means the individual, separate, sealed glass, 19
165	165	metal or plastic bottle, can, jar or carton containing beer or other malt beverages or 20
166	166	carbonated soft drinks, in liquid form; 21
167	167	(2) "commissioner" means the commissioner of environmental 22
168	168	conservation; 23
169	169	(3) "degradable" means a characteristic of a material that allows the 24
170	170	material to be broken down by biological, chemical, photochemical, or other physical 25
171	171	processes 26
172	172	(A) within two years upon exposure to natural elements; and 27
173	173	(B) to a particle size and chemical composition that may be 28
174	174	assimilated harmlessly and aesthetically into the environment without 29
175	175	producing a residue or by-product determined by the department to be 30
176	176	hazardous; 31 33-LS1018\B
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180	180	(4) "department" means the Department of Environmental 1
181	181	Conservation; 2
182	182	(5) "litter" means all waste material including disposable packages or 3
183	183	containers disposed of in a manner prohibited by AS 46.06.080, but does not include 4
184	184	the wastes of the primary processes of mining or other extraction process, logging, 5
185	185	sawmilling, farming, or manufacturing; 6
186	186	(6) "litter bag" means a bag, sack, or other container made of any 7
187	187	material that [WHICH] is large enough and suitable to serve as a receptacle for litter 8
188	188	inside a vehicle or vessel; 9
189	189	(7) "public place" means public or private property that is used or held 10
190	190	out for use by the public, whether owned or operated by public or private interests, 11
191	191	including [BUT NOT LIMITED TO] highways or other roads on [UPON] which 12
192	192	vehicles are moved, parks, campgrounds, trailer parks, drive-in and fast food 13
193	193	restaurants, gasoline service stations, marinas, boat launching areas, boat moorage and 14
194	194	fueling stations, public and private piers, beaches, bathing areas, school grounds, 15
195	195	sporting event sites with seating capacity for more than 200 spectators, business 16
196	196	district sidewalks, parking lots for taverns, shopping centers and grocery stores, and 17
197	197	other parking lots if they have a capacity for more than 50 vehicles; 18
198	198	(8) "vehicle" means a mechanically driven device of any kind that is 19
199	199	used for the transportation of a person or property on a public highway, trail, or path; 20
200	200	(9) "vessel" means all descriptions of watercraft used or capable of 21
201	201	being used as a means of transportation on the water. 22
202	202	* Sec. 13. AS 46.06 is amended by adding new sections to read: 23
203	203	Article 2. Electronic Product Stewardship Program. 24
204	204	Sec. 46.06.200. Manufacturer registration. (a) By June 30, 2027, and 25
205	205	annually thereafter, a manufacturer of covered electronic devices sold in the state shall 26
206	206	register with the department, for a period to cover the upcoming calendar year, by 27
207	207	completing and submitting to the department the registration form prescribed by the 28
208	208	department. The registration must include 29
209	209	(1) a list of all brands and labels under which the manufacturer's 30
210	210	covered electronic devices are offered for sale in the state; 31 33-LS1018\B
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214	214	(2) the weight of all individual covered electronic devices by covered 1
215	215	electronic device category sold or offered for sale under any of the manufacturer's 2
216	216	brands or labels in the United States during the previous two calendar years before the 3
217	217	applicable calendar year; and 4
218	218	(3) any other information required by the department to implement 5
219	219	AS 46.06.200 - 46.06.290. 6
220	220	(b) If a manufacturer's covered electronic devices are sold or offered for sale 7
221	221	in the state during a calendar year under a brand that is not listed in the manufacturer's 8
222	222	registration, the manufacturer shall amend the registration to add the brand within 30 9
223	223	days after the first sale or offer for sale under that brand. 10
224	224	(c) A manufacturer subject to this section shall pay the program administration 11
225	225	fee established under AS 46.06.230(e) to the department at the time of submission of 12
226	226	the manufacturer's registration under (a) of this section. 13
227	227	Sec. 46.06.210. Manufacturer e-scrap program plans; manufacturer and 14
228	228	manufacturer clearinghouse responsibilities. (a) Beginning in 2027, a manufacturer 15
229	229	of covered electronic devices in the state shall submit a proposed manufacturer e-scrap 16
230	230	program plan to the electronics recycling advisory council by March 31 for the 17
231	231	upcoming calendar year. Upon receiving feedback from the council, the manufacturer 18
232	232	shall make any necessary changes based on the feedback and submit a manufacturer e-19
233	233	scrap program plan to the department at the time of submission of the manufacturer's 20
234	234	registration under AS 46.06.200. A manufacturer may satisfy the requirements of this 21
235	235	subsection through a manufacturer clearinghouse. A manufacturer e-scrap program 22
236	236	plan must include 23
237	237	(1) contact information for the manufacturer or manufacturer 24
238	238	clearinghouse and a comprehensive list of all manufacturers participating in the plan 25
239	239	for the upcoming calendar year and the contact information for all participants; 26
240	240	(2) a description of the transportation and recycling systems, service 27
241	241	providers, collectors, and processors used, including a description of how the 28
242	242	manufacturer or manufacturer clearinghouse will 29
243	243	(A) seek to use businesses or organizations in the state, 30
244	244	including retailers, charities, processors, local or tribal organizations, local 31 33-LS1018\B
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248	248	health care facilities, and collection and transportation services; and 1
249	249	(B) fairly compensate collectors and processors for services; 2
250	250	(3) the methods for the reasonably convenient collection of all types of 3
251	251	covered electronic devices in rural and urban areas throughout the state, including the 4
252	252	quantity and locations of the program collection sites and single-day collection events 5
253	253	required under AS 46.06.220(a); 6
254	254	(4) a description of how the plan will provide service to all covered 7
255	255	entities in the state; 8
256	256	(5) the processes and methods used to recycle covered electronic 9
257	257	devices and eligible electronic devices, including a description of the processing that 10
258	258	will be used and the facility location; 11
259	259	(6) documentation of audits of each processor used in the plan and 12
260	260	compliance with the plan's processing standards; 13
261	261	(7) a description of the accounting and reporting systems that will be 14
262	262	employed; 15
263	263	(8) a timeline that describes startup, implementation, and progress 16
264	264	toward milestones with anticipated results; 17
265	265	(9) a description of the public information campaign that will be used 18
266	266	to inform consumers about how to recycle their covered electronic devices at the end 19
267	267	of the life of the product; 20
268	268	(10) a description of how manufacturers participating in the plan will 21
269	269	communicate and work with processors to promote and encourage design of electronic 22
270	270	products and their components for recycling; and 23
271	271	(11) if two or more manufacturers are participating in a manufacturer 24
272	272	clearinghouse, a certification that the methodology used to allocate responsibility 25
273	273	among participating manufacturers will comply with (c) of this section. 26
274	274	(b) If the department determines that a manufacturer e-scrap program plan 27
275	275	fails to meet the requirements in this section, the manufacturer or manufacturer 28
276	276	clearinghouse shall submit an updated plan to the department within 30 days after the 29
277	277	date of disapproval. 30
278	278	(c) A manufacturer shall assume financial responsibility for all costs 31 33-LS1018\B
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282	282	associated with implementing a manufacturer e-scrap program plan after approval. A 1
283	283	manufacturer clearinghouse shall allocate a participating manufacturer's financial 2
284	284	responsibility by 3
285	285	(1) calculating the manufacturer's market share for each covered 4
286	286	electronic device category based on the total weight of all individual covered 5
287	287	electronic devices sold or offered for sale in each category under any of the 6
288	288	manufacturer's brands or labels in the United States during the previous two calendar 7
289	289	years before the applicable calendar year; and 8
290	290	(2) adding the percentages calculated under (1) of this subsection. 9
291	291	(d) If a manufacturer e-scrap program fails to provide collection site services 10
292	292	in each community as required under AS 46.06.220(a) or meet other plan 11
293	293	requirements, the manufacturer or manufacturer clearinghouse shall submit a revised 12
294	294	plan to the department within 60 days after the failure that addresses how the 13
295	295	manufacturer e-scrap program will be adjusted to meet the requirements. 14
296	296	(e) A manufacturer or manufacturer clearinghouse shall notify the department 15
297	297	of any modification to the manufacturer e-scrap program plan. If the department 16
298	298	determines that the manufacturer or manufacturer clearinghouse significantly modified 17
299	299	the plan, the manufacturer or manufacturer clearinghouse shall submit a revised plan 18
300	300	that describes the modifications within 60 days after the department's determination. 19
301	301	(f) Beginning in 2029, a manufacturer with an approved manufacturer e-scrap 20
302	302	program plan for the previous calendar year shall file an annual report with the 21
303	303	department on or before March 31 that covers the previous calendar year. A 22
304	304	manufacturer may satisfy this requirement through a manufacturer clearinghouse if the 23
305	305	manufacturer used a clearinghouse to submit the manufacturer e-scrap program plan 24
306	306	for the previous calendar year. The annual report must include 25
307	307	(1) the collection services provided in each community, including a list 26
308	308	of all collection sites and services operating in the state in the previous calendar year 27
309	309	and who operated the sites; 28
310	310	(2) a list of processors used, including subcontractors that further 29
311	311	process or recycle covered electronic devices or electronic components used, the
312	312	30
313	313	weight of covered electronic devices and eligible electronic devices processed by each 31 33-LS1018\B
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317	317	processor, and a description of the processes and methods used to recycle the devices, 1
318	318	including a description of the processing and facility locations; 2
319	319	(3) an estimate of the weight of each type of material recovered from 3
320	320	the processing of recycled collected devices; types of material recovered must include, 4
321	321	at a minimum, cathode ray tube glass, circuit boards, batteries, mercury-containing 5
322	322	devices, plastics, and metals; 6
323	323	(4) an estimate of the percentage, by weight, of all collected devices 7
324	324	that are reused, recycled, or become residual waste disposed of in another manner; 8
325	325	(5) the outreach efforts that were undertaken; 9
326	326	(6) a list of manufacturers that participated in the plan; 10
327	327	(7) a description of program revenue and costs, including the total cost 11
328	328	of the program and the average cost of the program per pound of covered electronic 12
329	329	devices and eligible electronic devices collected; 13
330	330	(8) a detailed accounting of the following costs of the program: 14
331	331	(A) program delivery, including 15
332	332	(i) education and promotional efforts; 16
333	333	(ii) collection; 17
334	334	(iii) transportation; and 18
335	335	(iv) processing and labor; and 19
336	336	(B) program administration; and 20
337	337	(9) a description of the methods used by the program to collect, 21
338	338	transport, recycle, and process collected devices. 22
339	339	(g) To the extent feasible, manufacturers and manufacturer clearinghouses 23
340	340	shall collaborate with electronic product retailers, utilities furnishing solid waste 24
341	341	material collection and disposal services, recyclers, charities, tribes, local 25
342	342	governments, and other businesses in the state in the development and implementation 26
343	343	of the program plan. 27
344	344	Sec. 46.06.220. Collection site requirements; collector responsibilities. (a) 28
345	345	Beginning in 2028, a manufacturer or manufacturer clearinghouse shall, at a 29
346	346	minimum, operate program collection sites in the following quantities during a 30
347	347	calendar year depending on community populations as determined by the most recent 31 33-LS1018\B
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351	351	decennial census conducted by the United States Bureau of the Census: 1
352	352	(1) 15 collection sites in each community that has a population of 2
353	353	250,000 or more, including at least five year-round collection sites; 3
354	354	(2) five year-round collection sites in each community that has a 4
355	355	population of at least 30,000 but less than 250,000; 5
356	356	(3) three year-round collection sites in each community that has a 6
357	357	population of at least 15,000 but less than 30,000; 7
358	358	(4) two year-round collection sites in each community that has a 8
359	359	population of at least 10,000 but less than 15,000; 9
360	360	(5) one year-round collection site in each community that has a 10
361	361	population of at least 5,500 but less than 10,000; and 11
362	362	(6) one single-day collection event for each calendar year in each 12
363	363	community that has a population of less than 5,500. 13
364	364	(b) A community may enter into a written agreement with a manufacturer or 14
365	365	manufacturer clearinghouse to substitute a program collection site required under (a) 15
366	366	of this section with four or more single-day collection events in the community. 16
367	367	(c) A collector that operates a program collection site or single-day collection 17
368	368	event during a calendar year shall 18
369	369	(1) accept all covered electronic devices delivered to the collection site 19
370	370	or collection event during the calendar year; 20
371	371	(2) ensure that collected devices are sorted and loaded in compliance 21
372	372	with federal, state, and local law, and with the best practices agreed to by the 22
373	373	electronics recycling advisory council for the calendar year; 23
374	374	(3) separate collected devices from other material; 24
375	375	(4) package collected devices in a structurally sound manner to prevent 25
376	376	breakage during transportation; and 26
377	377	(5) load collected devices onto pallets secured with plastic wrap or in 27
378	378	pallet-sized bulk containers before shipping. 28
379	379	(d) A collector shall sort collected devices into the following categories: 29
380	380	(1) computer monitors and televisions containing a cathode-ray tube, 30
381	381	other than televisions with wooden exteriors; 31 33-LS1018\B
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385	385	(2) computer monitors and televisions containing a flat panel screen; 1
386	386	(3) all other covered televisions; 2
387	387	(4) computers; 3
388	388	(5) all other covered electronic devices and eligible electronic devices; 4
389	389	and 5
390	390	(6) any electronic device not part of the manufacturer e-scrap program 6
391	391	that the collector has arranged to have picked up in addition to covered electronic 7
392	392	devices and for which a financial arrangement has been made to cover the recycling 8
393	393	costs outside of the manufacturer e-scrap program. 9
394	394	(e) A manufacturer e-scrap program may use retail collection sites to satisfy 10
395	395	some or all of the collection site obligations under this section. A retailer may serve as 11
396	396	a collector and a site may serve as a retail collection site only by agreement of 12
397	397	(1) the retailer; 13
398	398	(2) the operators of the manufacturer e-scrap program; and 14
399	399	(3) the community in which the retailer or retail collection site is 15
400	400	located. 16
401	401	Sec. 46.06.230. Department responsibilities. (a) Within 60 days after 17
402	402	receiving a manufacturer e-scrap program plan, the department shall review and 18
403	403	approve or disapprove the plan and provide written notification of the department's 19
404	404	decision, including the reasons for the approval or disapproval, to the designated point 20
405	405	of contact for the manufacturer or manufacturer clearinghouse. The department shall 21
406	406	approve the plan if the department determines the plan satisfies AS 46.06.210. 22
407	407	(b) Within 90 days after receiving an annual report from a manufacturer or 23
408	408	manufacturer clearinghouse, the department shall review the report and provide 24
409	409	written notification to the designated point of contact for the manufacturer or 25
410	410	manufacturer clearinghouse of any need for additional information or documentation 26
411	411	or any deficiency identified by the department in the manufacturer e-scrap program. 27
412	412	(c) Every four years, beginning in 2028, the department shall conduct 28
413	413	(1) a study to determine whether the definition of "covered electronic 29
414	414	device" should be expanded to include additional electronic products, such as those 30
415	415	from emerging technological waste streams; and 31 33-LS1018\B
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419	419	(2) a survey of household generation of e-scrap in the state to evaluate 1
420	420	the waste stream and the effectiveness of manufacturer e-scrap programs. 2
421	421	(d) Every two years, beginning in 2030, the department shall evaluate the 3
422	422	manufacturer e-scrap program and report the results of the evaluation to the 4
423	423	legislature. 5
424	424	(e) The department shall adopt regulations to establish the amount and manner 6
425	425	of payment of a program administration fee for manufacturers and manufacturer 7
426	426	clearinghouses covered by AS 46.06.200 - 46.06.290. Fee levels must be reasonably 8
427	427	calculated to ensure that the total amount of fees collected from all manufacturers and 9
428	428	manufacturer clearinghouses cover the costs to the department for administering and 10
429	429	enforcing AS 46.06.200 - 46.06.290. The department shall review the fee amounts 11
430	430	annually and reasonably calculate adjustments as necessary to ensure the total revenue 12
431	431	collected from the fees covers the department's costs in subsequent calendar years. 13
432	432	The commissioner shall separately account for the revenue from the fees received by 14
433	433	the department, and the revenue may be appropriated by the legislature to the 15
434	434	department for the administration and enforcement of AS 46.06.200 - 46.06.290. 16
435	435	(f) The department shall publish on the department's Internet website 17
436	436	(1) best practices provided by the electronics recycling advisory 18
437	437	council; 19
438	438	(2) a list of all registered manufacturers; 20
439	439	(3) approved manufacturer e-scrap program plans; and 21
440	440	(4) annual reports submitted to the department. 22
441	441	(g) The department shall keep confidential all proprietary information 23
442	442	submitted to the department by a manufacturer or manufacturer clearinghouse under 24
443	443	AS 46.06.200 - 46.06.290. The department may release information kept confidential 25
444	444	under this section in summary or aggregated form that does not directly or indirectly 26
445	445	identify financial, production, or sales data of a covered manufacturer or manufacturer 27
446	446	clearinghouse. 28
447	447	(h) The department may adopt regulations to implement, administer, and 29
448	448	enforce AS 46.06.200 - 46.06.290. The department shall present regulations proposed 30
449	449	to the electronics recycling advisory council for review and address feedback from the 31 33-LS1018\B
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453	453	council before adoption. 1
454	454	Sec. 46.06.240. Outreach requirements. (a) A manufacturer or manufacturer 2
455	455	clearinghouse with an approved manufacturer e-scrap program plan shall inform 3
456	456	covered entities about where and how to reuse and recycle covered electronic devices 4
457	457	at the end of the product's life, including by providing an Internet website or toll-free 5
458	458	telephone number that provides information about the recycling program in sufficient 6
459	459	detail to educate covered entities on how to return covered electronic devices for 7
460	460	recycling. 8
461	461	(b) The department shall promote recycling of covered electronic devices by 9
462	462	(1) posting information that describes where to recycle unwanted 10
463	463	covered electronic devices on the department's Internet website; and 11
464	464	(2) providing information about recycling covered electronic devices 12
465	465	though a toll-free telephone number. 13
466	466	(c) A community shall promote recycling of covered electronic devices, 14
467	467	including providing a list of local collection sites and services through existing 15
468	468	communication methods typically used by the community. 16
469	469	(d) A retailer that sells a new covered electronic device to a covered entity 17
470	470	shall provide information to the entity that describes how to recycle the covered 18
471	471	electronic device and the locations for convenient collection of the device. A retailer 19
472	472	may satisfy this requirement by providing the department's toll-free telephone number 20
473	473	and website to the covered entity or, if the retailer sells the device from the retailer's 21
474	474	Internet website, in a visible location on the website. 22
475	475	(e) Manufacturers, communities, retailers, collectors, and the department shall 23
476	476	collaborate in the development and implementation of the outreach requirements of 24
477	477	this section. 25
478	478	Sec. 46.06.250. Prohibited acts. (a) On or after January 1, 2029, a person may 26
479	479	not knowingly cause or allow 27
480	480	(1) the mixing of a covered electronic device with municipal waste that 28
481	481	is intended for disposal at a landfill; 29
482	482	(2) the disposal of a covered electronic device in a landfill; 30
483	483	(3) the mixing of a covered electronic device with waste that is 31 33-LS1018\B
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487	487	intended for disposal by burning; or 1
488	488	(4) the burning of a covered electronic device. 2
489	489	(b) On or after January 1, 2028, a retailer who first sells a covered electronic 3
490	490	device to a covered entity may not sell or offer for sale a covered electronic device in 4
491	491	the state unless 5
492	492	(1) the device is labeled with a brand; 6
493	493	(2) the label is permanently affixed to and readily visible on the 7
494	494	device; and 8
495	495	(3) the manufacturer of the device is registered with the department 9
496	496	when the retailer purchases the device; if a manufacturer is not registered with the 10
497	497	department when a retailer purchases the device, the retailer shall be considered in 11
498	498	compliance with this requirement if the manufacturer registers with the department 12
499	499	within 30 days after the retailer takes possession of the device. 13
500	500	(c) A manufacturer e-scrap program may not charge fees to covered entities 14
501	501	when a covered electronic device or eligible electronic device is collected. 15
502	502	Sec. 46.06.260. Penalties and enforcement. (a) A person who knowingly 16
503	503	makes a materially false or fraudulent statement orally or in writing to the department 17
504	504	in connection with the requirements of AS 46.06.200 - 46.06.290 or a regulation 18
505	505	adopted under AS 46.06.200 - 46.06.290 is guilty of a class A misdemeanor for a first 19
506	506	conviction, a class C felony for a second conviction, and a class B felony for a third or 20
507	507	subsequent conviction. Each statement is a separate offense. 21
508	508	(b) A person who fails to register or pay the registration fee required under 22
509	509	AS 46.06.200 is liable to the state for a civil penalty of twice the registration fee. 23
510	510	(c) Except as otherwise provided in this section, a person who violates a 24
511	511	provision of AS 46.06.200 - 46.06.290 or a regulation adopted under AS 46.06.200 - 25
512	512	46.06.290 is liable to the state for a civil penalty of up to $10,000 for each violation. 26
513	513	The amount of the penalty shall be adjusted to the seriousness of the violation. 27
514	514	(d) The attorney general may bring a civil action in the superior court to 28
515	515	recover the amount of a civil penalty under this section or to obtain an injunction to 29
516	516	restrain violations of AS 46.06.200 - 46.06.290 or require actions that may be 30
517	517	necessary to address violations of AS 46.06.200 - 46.06.290. Pe
518	518	nalties recovered 31 33-LS1018\B
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522	522	under this section shall be deposited in the general fund and may be appropriated by 1
523	523	the legislature to the department for the administration and enforcement of 2
524	524	AS 46.06.200 - 46.06.290. 3
525	525	(e) A manufacturer clearinghouse may not enforce manufacturer compliance 4
526	526	with the requirements AS 46.06.200 - 46.06.290, but shall refer potential manufacturer 5
527	527	noncompliance to the department after providing notice of the potential 6
528	528	noncompliance to the manufacturer. A manufacturer clearinghouse may develop and 7
529	529	implement policies and procedures that exclude from participation in the 8
530	530	clearinghouse a manufacturer that is found by the department or a court of competent 9
531	531	jurisdiction to have failed to comply with the requirements of AS 46.06.200 - 10
532	532	46.06.290. 11
533	533	(f) The penalties and enforcement mechanisms in this section are in addition 12
534	534	to relief provided under any other law. 13
535	535	Sec. 46.06.270. Electronics recycling advisory council. (a) The electronics 14
536	536	recycling advisory council is established in the department. 15
537	537	(b) The council consists of 13 members appointed by the commissioner for 16
538	538	two-year terms as follows: 17
539	539	(1) two members of the public residing in different communities with 18
540	540	at least one member residing in a community located off the interconnected road 19
541	541	system; 20
542	542	(2) two members representing recycling companies or incorporated 21
543	543	recycling centers; 22
544	544	(3) two members representing the electronic manufacturing or retail 23
545	545	industry; 24
546	546	(4) one member representing a tribal or municipal government that 25
547	547	operates a recycling program in a rural community with a population of less than 26
548	548	1,000; 27
549	549	(5) one member representing a tribal or municipal government that 28
550	550	operates a recycling program in an urban community with a population of 25,000 or 29
551	551	more; 30
552	552	(6) one member representing a statewide tribal organization that assists 31 33-LS1018\B
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556	556	tribes with recycling issues; 1
557	557	(7) one member representing the transportation industry; 2
558	558	(8) one member representing a waste collection company or program; 3
559	559	(9) one member representing a job training or economic development 4
560	560	organization or program; and 5
561	561	(10) one member representing a statewide environmental or public 6
562	562	health organization. 7
563	563	(c) The council shall elect a chair from among its members to serve a two-year 8
564	564	term. The council shall meet at the call of the chair. The council shall meet at least 9
565	565	quarterly until the initial round of manufacturer e-scrap program plans are approved 10
566	566	and then at least semiannually thereafter. 11
567	567	(d) A majority of the council members constitutes a quorum. The council shall 12
568	568	approve actions and recommendations by majority vote of the members present and 13
569	569	provide an opportunity for minority reports. The council may adopt bylaws and a 14
570	570	charter if desired to fulfill its duties under this section. 15
571	571	(e) A vacancy on the council shall be filled in the same manner as the original 16
572	572	selection or appointment for the remainder of the current term. 17
573	573	(f) The department shall provide administrative support to the council as 18
574	574	needed. 19
575	575	(g) Members of the council serve without compensation but are entitled to per 20
576	576	diem and travel expenses authorized for boards and commissions under AS 39.20.180. 21
577	577	(h) The council shall 22
578	578	(1) review and comment on a proposed manufacturer e-scrap program 23
579	579	plan before submission of the plan to the department; 24
580	580	(2) make recommendations to the department regarding the approval 25
581	581	or disapproval of a manufacturer e-scrap program plan; 26
582	582	(3) make recommendations to the department regarding the need for 27
583	583	plan amendments or other requirements based on annual reports; 28
584	584	(4) review and comment on regulations proposed by the department 29
585	585	under AS 46.06.230; and 30
586	586	(5) by November 1 of each year, beginning in 2026, provide to the 31 33-LS1018\B
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590	590	department a list of best practices for program collection sites and single-day 1
591	591	collection events under manufacturer e-scrap program plans submitted during the 2
592	592	following year; best practices must, to the extent practicable, preserve existing 3
593	593	collection programs and relationships. 4
594	594	Sec. 46.06.280. Exclusions. (a) The provisions of AS 46.06.200 - 46.06.290 do 5
595	595	not apply to an electronic device that is 6
596	596	(1) part of a motor vehicle or any component part of a motor vehicle 7
597	597	assembled by or for a vehicle manufacturer or franchised dealership, including 8
598	598	replacement parts for use in a motor vehicle; in this paragraph, "dealership," 9
599	599	"franchised," "manufacturer," and "motor vehicle" have the meanings given in 10
600	600	AS 45.25.990; 11
601	601	(2) functionally or physically part of a larger piece of equipment or 12
602	602	that is taken out of service from an industrial, commercial, retail, library checkout, 13
603	603	traffic control, kiosk, nonhousehold security, governmental, agricultural, or medical 14
604	604	setting, including diagnostic, monitoring, and control equipment; or 15
605	605	(3) contained within a clothes washer, clothes dryer, refrigerator, 16
606	606	freezer, conventional oven, conventional range, dishwasher, room air conditioner, 17
607	607	dehumidifier, water pump, sump pump, or air purifier. 18
608	608	(b) A manufacturer e-scrap program may collect an electronic device that 19
609	609	meets the criteria in (a)(2) of this section. Notwithstanding (a) of this section, 20
610	610	AS 46.06.200 - 46.06.290 apply to any device collected under this subsection. 21
611	611	(c) AS 46.06.200 - 46.06.290 do not apply to a manufacturer that assembles 22
612	612	and sells fewer than 1,000 units of covered electronic devices annually in the state or 23
613	613	that primarily sells covered electronic devices that are substantially composed of 24
614	614	rebuilt, refurbished, or used components. 25
615	615	(d) Nothing in AS 46.06.200 - 46.06.290 prevents a manufacturer from 26
616	616	accepting, through a manufacturer e-scrap program, covered electronic devices 27
617	617	collected through a pre-existing collection program that is operated under a collection 28
618	618	agreement between a third party and a community. 29
619	619	(e) To the extent allowed by law, a covered electronic device or eligible 30
620	620	electronic device collected by a manufacturer e-scrap program is not considered 31 33-LS1018\B
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624	624	hazardous waste, household waste, solid waste, or special waste. 1
625	625	Sec. 46.06.290. Definitions. In AS 46.06.200 - 46.06.290, 2
626	626	(1) "best practices" means standards for collecting and preparing 3
627	627	covered electronic devices for shipment and recycling, including packaging, transport, 4
628	628	load size, acceptable load contamination levels, and noncovered electronic devices 5
629	629	included in a load; 6
630	630	(2) "collector" means a person who collects covered electronic devices 7
631	631	at any program collection site or single-day collection event and prepares the devices 8
632	632	for transport; 9
633	633	(3) "commissioner" means the commissioner of environmental 10
634	634	conservation; 11
635	635	(4) "community" means 12
636	636	(A) an incorporated city; 13
637	637	(B) a unified municipality; 14
638	638	(C) an incorporated borough; or 15
639	639	(D) a place in the unorganized borough in which 15 or more 16
640	640	individuals reside as a social unit; 17
641	641	(5) "computer" means a desktop computer, notebook computer, or 18
642	642	tablet computer; "computer" does not include an automated typewriter, printer, mobile 19
643	643	telephone, hand-held calculator, battery-operated portable digital music player, 20
644	644	computer keyboard, computer mouse, or associated cables; 21
645	645	(6) "computer monitor" means an electronic device that contains a 22
646	646	cathode-ray tube or flat panel screen greater than four inches in size when measured 23
647	647	diagonally and is intended to display information from a computer; 24
648	648	(7) "council" means the electronics recycling advisory council; 25
649	649	(8) "covered electronic device" means a computer, small-scale server, 26
650	650	computer monitor, television, printer, facsimile machine, scanner, battery-operated 27
651	651	portable digital music player with memory capability, digital video disc player, digital 28
652	652	video disc recorder, videocassette recorder, video game console, microwave oven, 29
653	653	digital converter box, cable receiver, satellite receiver, computer keyboard, computer 30
654	654	mouse, or associated cables sold at retail; 31 33-LS1018\B
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658	658	(9) "covered electronic device category" means the following 1
659	659	categories of covered electronic devices: 2
660	660	(A) computers and small-scale servers; 3
661	661	(B) computer monitors; 4
662	662	(C) televisions; 5
663	663	(D) printers, facsimile machines, and scanners; 6
664	664	(E) digital video disc players, digital video disc recorders, and 7
665	665	videocassette recorders; 8
666	666	(F) video game consoles; 9
667	667	(G) microwave ovens; 10
668	668	(H) digital converter boxes, cable receivers, and satellite 11
669	669	receivers; and 12
670	670	(I) battery-operated portable digital music players, computer 13
671	671	keyboards, computer mice, and cables; 14
672	672	(10) "covered entity" means any household, nonprofit, educational 15
673	673	institution, community, or small business located in the state; 16
674	674	(11) "department" means the Department of Environmental 17
675	675	Conservation; 18
676	676	(12) "desktop computer" means a computer that is controlled by a 19
677	677	stand-alone computer keyboard, stand-alone computer mouse or other pointing device, 20
678	678	computer monitor or other display unit, and that has a main unit that is not designed 21
679	679	for portability and is intended to be persistently located in a single location; 22
680	680	(13) "educational institution" means 23
681	681	(A) a public or private institution located in the state for grades 24
682	682	kindergarten through 12; or 25
683	683	(B) a nonprofit institution located in the state that provides 26
684	684	postsecondary or vocational education; 27
685	685	(14) "eligible electronic device" means any mobile telephone, battery-28
686	686	containing electronic, or electronic device that meets the criteria in AS 46.06.280(a)(2) 29
687	687	that is taken out of service in the state, regardless of purchase location; 30
688	688	(15) "household" means a single detached dwelling unit or a single 31 33-LS1018\B
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692	692	unit of a multiple dwelling unit and appurtenant structures; 1
693	693	(16) "manufacturer" means a person or successor in interest to a person 2
694	694	under whose brand or label a covered electronic device is sold at retail; if a covered 3
695	695	electronic device is sold at retail under a brand or label that is licensed from a person 4
696	696	who is the owner of the brand or label but does not sell or produce the device, or if a 5
697	697	covered electronic device is sold at retail under the brand or label of both the retail 6
698	698	seller and the person that produced the device, the person that produced the device or 7
699	699	that person's successor in interest, is the manufacturer; 8
700	700	(17) "manufacturer clearinghouse" means an entity that prepares and 9
701	701	submits a manufacturer e-scrap program plan to the department and oversees an e-10
702	702	scrap program on behalf of two or more manufacturers cooperating with each other to 11
703	703	collectively establish and operate an e-scrap program for the purpose of complying 12
704	704	with AS 46.06.200 - 46.06.290; 13
705	705	(18) "manufacturer e-scrap program" means any program established, 14
706	706	financed, and operated by a manufacturer, individually or as part of a manufacturer 15
707	707	clearinghouse, to collect, transport, and otherwise prepare for recycling covered 16
708	708	electronic devices and eligible electronic devices collected at program sites and single-17
709	709	day collection events in accordance with the requirements of AS 46.06.200 - 18
710	710	46.06.290; 19
711	711	(19) "market share" means a manufacturer's percentage of all covered 20
712	712	electronic devices by weight sold within a covered electronic device category during a 21
713	713	specified period; 22
714	714	(20) "notebook computer" means a computer that is controlled by a 23
715	715	computer keyboard, trackpad or other pointing device, and video display greater than 24
716	716	four inches in size when measured diagonally that are all contained within the 25
717	717	construction of the unit; 26
718	718	(21) "participating manufacturer" means a manufacturer that a 27
719	719	manufacturer clearinghouse has listed under AS 46.06.210(a)(1) as a participant in the 28
720	720	manufacturer clearinghouse for a calendar year; 29
721	721	(22) "person" means an individual, partnership, co-partnership, firm, 30
722	722	company, limited liability company, corporation, association, joint stock company, 31 33-LS1018\B
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726	726	trust, estate, political subdivision, state agency, unit of local government, or any other 1
727	727	legal entity, including a trustee, agent, assignee, or similar legal representative; 2
728	728	(23) "printer" means a desktop printer, multifunction printer copier, 3
729	729	printer and facsimile combination, or an all-in-one device that performs a combination 4
730	730	of printing, copying, scanning, and related tasks, that is designed to reside on a work 5
731	731	surface; "printer" does not include a floor-standing printer, a printer with optional 6
732	732	floor stand, a point-of-sale receipt printer, a calculator with printing capabilities, or a 7
733	733	label maker; 8
734	734	(24) "program collection site" means a physical location that is 9
735	735	included in a manufacturer e-scrap program and at which covered electronic devices 10
736	736	are collected and prepared for transport by a collector during a calendar year; 11
737	737	(25) "recycler" means any person who transports or later recycles 12
738	738	covered electronic devices that have been collected and prepared for transport by a 13
739	739	collector at any program collection site or single-day collection event; 14
740	740	(26) "recycling" means any process by which covered electronic 15
741	741	devices that would otherwise be disposed of or discarded are collected, separated, or 16
742	742	processed and returned to the economic mainstream in the form of raw materials or 17
743	743	products; 18
744	744	(27) "retail collection site" means a private sector collection site 19
745	745	operated by a retailer collecting on behalf of a manufacturer; 20
746	746	(28) "retailer" means a person who first sells, through a sales outlet, 21
747	747	catalog, or Internet website, a covered electronic device at a retail or permanent 22
748	748	establishment where covered electronic devices are displayed, held, stored, or offered 23
749	749	for sale to the public; 24
750	750	(29) "sale" means any retail transfer of title for consideration, 25
751	751	including transactions conducted through sales outlets, catalogs, or an Internet website 26
752	752	or by any similar means; "sale" does not include financing or leasing; 27
753	753	(30) "single-day collection event" means a single-day event used as a 28
754	754	substitute for a program collection site; 29
755	755	(31) "small business" means a business operating in the state that 30
756	756	employs fewer than 50 people; 31 33-LS1018\B
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760	760	(32) "small-scale server" means a computer that typically uses desktop 1
761	761	components in a desktop form designed primarily to serve as a storage host for other 2
762	762	computers and that is designed in a pedestal, tower, or other form similar to that of a 3
763	763	desktop computer so all data processing, storage, and network interfacing is contained 4
764	764	within one box or product; designed to be operational 24 hours a day and 7 days a 5
765	765	week; designed to have very little unscheduled downtime, including on the order of 6
766	766	hours each year; capable of operating in a simultaneous multi-user environment 7
767	767	serving several users through networked client units; and designed for an industry-8
768	768	accepted operating system for home or low-end server applications; 9
769	769	(33) "tablet computer" means a computer that is controlled by a touch 10
770	770	screen and video display greater than six inches in size when measured diagonally that 11
771	771	is contained within the construction of the unit; 12
772	772	(34) "television" means an electronic device that contains a cathode-13
773	773	ray tube or flat panel screen greater than four inches in size when measured diagonally 14
774	774	and is intended to receive video programming through broadcast, cable, satellite, 15
775	775	Internet connection, or other method of video transmission or that is intended to 16
776	776	receive video from surveillance cameras or other similar equipment. 17
777	777	* Sec. 14. The uncodified law of the State of Alaska is amended by adding a new section to 18
778	778	read: 19
779	779	TRANSITION. The commissioner of environmental conservation shall appoint 20
780	780	members of the electronics recycling advisory council under AS 46.06.270(b), added by sec. 21
781	781	13 of this Act, as soon as practicable. Notwithstanding AS 46.06.270(b), added by sec. 13 of 22
782	782	this Act, the commissioner shall appoint seven initial members of the electronics recycling 23
783	783	advisory council to serve four-year terms and the remaining six initial members to serve 24
784	784	three-year terms. Initial members may be appointed to subsequent two-year terms thereafter. 25
785	785	* Sec. 15. This Act takes effect immediately under AS 01.10.070(c). 26